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Patna High CourtCR. MISC./23701/2017rejected

Gunjan Kumar @ Gunjan Yadav v. The State Of Bihar

2017-09-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23701 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -SALKHUA District- SAHARSA ====================================================== Gunjan Kumar @ Gunjan Yadav, S/o Lalit Kishore Yadav @ Photo Yadav, Resident of Village- Raghunathpur, P.S.- Sahabpur Kamal, DistrictBegusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.23821 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -SALKHUA District- SAHARSA ====================================================== Lalit Kishore Yadav @ Photo Yadav, S/o Late Mukhlal Prasad Yadav, Resident of Village- Raghunathpur, P.S.- S. Kamal, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.23701 of 2017) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

(In Cr.Misc. No.23821 of 2017) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 21-09-2017 The petitioners of both the aforesaid applications apprehend their arrest in connection with Salkhua P.S. Case No.236 of 2016 registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the

Patna High Court Cr.Misc. No.23701 of 2017 (3) dt.21-09-2017 2/2 court of the Chief Judicial Magistrate, Saharsa. Therefore, both the aforesaid applications have been heard together and are being disposed of by this common order.

The accusation is that on the order of the petitioner Lalit Kishore Yadav (in Criminal Misc. no.23821 of 2017), his son Gunjan Yadav (petitioner in Criminal Misc. No.23701 of 2017) and another son, namely, Sachin Yadav, fired at the father of the informant through pistol. The father of the informant was taken to the Private Hospital, Begusarai, from where he was referred to the P.M.C.H., Patna, where he died in course of treatment. Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T